PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES 3 BOUNDARIES ELECTORAL SETTING OF HISTORY THE PART– 3 Part 3 – The History of Setting Electoral Boundaries for ’s Legislative Assembly

21 3 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES PART 3 – THE HISTORYPART OF SETTING ELECTORAL BOUNDARIES – 3

Part 3 – The History of Setting Electoral Boundaries for British Columbia’s Legislative Assembly

A. Introduction

We are the eighth independent electoral boundaries commission in British Columbia’s modern history. In this section we will summarize the work of the previous seven commissions. We have learned much from our predecessors, and looking back puts our own work into an important historical context.4

Immediately prior to the work of ber ridings. As discussed later in this ings, the pre-1966 electoral districts the first independent commission in report (Part 7 – Regional Groupings), would be distributed as follows: 1966, the province had 42 electoral we have divided the province into 12 districts electing 52 MLAs5 – there regions, relying heavily on the work of were 34 one-member ridings, six two- the seven previous electoral boundaries member ridings and two three-mem- commissions. Using our regional group-

4 In Part 9 of this report (“Proposed Single Member Plurality Boundaries”), our proposed electoral districts are discussed on a regional basis and we will provide a more detailed description of the evolution of each region’s electoral districts since 1966. 5 In 1955 the Legislative Assembly increased the number of MLAs from 48 to 52: Constitution Amendment Act, SBC 1955, c. 11, s. 3.

22 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES 3

The North Tri-Cities The electoral districts of British Atlin (included in Dewdney) Columbia in 1965 reflected a popula- Prince Rupert tion distribution that was very different Skeena Surrey from the number of electoral districts Omineca (included in Delta) in place when we began our work. BOUNDARIES ELECTORAL SETTING OF HISTORY THE PART– 3 Fort George The Kootenays were thriving, with Richmond-Delta eight electoral districts (subsequently Delta (2) reduced to four). There was very little population in the Fraser Valley east of Cariboo-Thompson Burnaby–New Westminster Burnaby and New Westminster – one Cariboo Burnaby (2) electoral district (Dewdney) served Kamloops New Westminster the entire area north of the Fraser Lillooet River (now five electoral districts) Yale Vancouver and two electoral districts (Delta and Vancouver-Burrard (2) Chilliwack) served the entire area Columbia-Kootenay Vancouver-Centre (2) south of the river (now 18 electoral Columbia Vancouver East (2) districts). The fledgling communi- Cranbrook Vancouver–Point Grey (3) ties of Richmond, Delta, Surrey and Fernie Langley were all contained within one Grand Forks–Greenwood North Shore electoral district (Delta), where now Kaslo-Slocan North Vancouver (2) 14 districts exist. Nelson-Creston Revelstoke Vancouver Island–South Coast B. The Angus Commission Rossland-Trail Mackenzie (Powell River– (1966)6 Sechelt area) Okanagan Comox In August 1965 there was no Electoral Salmon Arm Alberni Boundaries Commission Act, so the Nanaimo and the Islands three-member commission (Henry Cowichan-Newcastle F. Angus, Frederick H. Hurley and Similkameen Victoria (3) Kenneth L. Morton) was appointed Oak Bay by order-in-council under the Public Fraser Valley Saanich Inquiries Act. The order-in-council Dewdney Esquimalt directed the commission to secure: Chilliwack [P]roper and effective representation of the people of all parts of the province in the Legislative Assembly and that in for-

6 Report of the Commission of Inquiry into Redefinition of Electoral Districts, January 1966 [KM83.4, B75]. 23 3 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES

mulating the recommendations to be con- The Legislative Assembly adopted sever- quotient, and permitted deviations up tained in their report the commissioners al of these recommendations, especially to plus or minus 40 percent. It treated 1. take into account where feasible historical those calling for increased representation its proposed new district of Atlin- and regional claims for representation; 2. make their recommendations on the in the more densely populated Lower Northland as a special case. It tried to PART 3 – THE HISTORYPART OF SETTING ELECTORAL BOUNDARIES – 3 basis Mainland. It agreed that Vancouver conform to municipal and regional dis- (a) that no electoral district comprise should be increased from nine to 12 trict boundaries wherever possible, and fewer than 7,500 registered voters MLAs, but opted for six two-member decided on two-member ridings on a having regard to present population ridings rather than 12 single-member district-by-district basis. and apparent population trends to the ridings. However, it refused to eliminate year 1975, and 7 (b) that the Legislative­ Assembly several rural electoral districts , such as The commission’s principal recom- comprise not fewer than 48 nor Skeena, Atlin and Revelstoke-Slocan. mendations included the following: more than 52 members; and, Overall, the number of MLAs increased • increasing the number of MLAs 3. give consideration to the provision of from 52 to 55. from 55 to 62; multiple member ridings of two mem- • preserving seven electoral districts in bers each in the metropolitan areas of Victoria and Vancouver. C. The Norris Commission the North; (1975)8 • adding one electoral district in the The commission recommended retain- Cariboo/Southern Interior; ing the same number of MLAs (52) This three-member commission, con- • eliminating one electoral district in and abolishing all multi-member elec- sisting of the Hon. T.G. Norris, Fred the Kootenays; toral districts. It proposed that repre- Bowers and Lawrence J. Wallace, was • adding six electoral districts to the sentation in northern and rural areas appointed under the Public Inquiries Lower Mainland (mostly in the be reduced, because of relatively low Act in July 1975. The same test of Fraser Valley); and, population, by: “proper and effective representation” • adding one electoral district to • reducing the North from seven elec- was set, and the commissioners were Vancouver Island. toral districts to five; required to: • reducing the Cariboo and Southern • take into account where feasible and The Legislature did not adopt any of Interior from four electoral districts necessary, historical and regional the commission’s recommendations. to three; and, claims for representation; • reducing the Kootenays from eight • make recommendations for between D. The Eckardt Commission electoral districts to four. 55 and 62 MLAs; and, (1978)9 • give consideration to the provision Judge Lawrence S. Eckardt was given a Finally, it recommended an increase in of two-member ridings in areas of sweeping mandate, by order-in-council, representation for Vancouver and the dense population. to consider alternative methods of vot- Lower Mainland from 19 to 27 elec- ing, voter eligibility requirements, rais- toral districts, because of increases in In drawing the boundaries, the com- ing and spending of funds by political population. mission established an electoral parties and candidates, income tax

7 Constitution Act Amendment Act, 1966, SBC 1966, c. 11, Schedule C. 8 Report of the Commission of Inquiry into Redefinition of Electoral Districts under the Public Inquiries Act British Columbia, November 7, 1975 [BCZR 1975 E6B]. 9 Interim Report on the Redefinition of Electoral Districts for the Province of British Columbia, Royal Commission on Electoral Reform, 1978, June 1978 24 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES 3

deductions for political contributions increased by two, from 55 to 57; The Legislative Assembly adopted Judge and designation of political parties for • the dual-member ridings in Eckardt’s recommendations, with one the purpose of status in the Legislative Vancouver be reduced from six electoral district name change.11 Assembly. With respect to redistribu- to five, that Surrey become a tion, he was instructed to make inquiry dual-member electoral district E. The Warren Commission BOUNDARIES ELECTORAL SETTING OF HISTORY THE PART– 3 into and concerning the need for legis- and that Victoria retain its dual- (1982)12 lative amendment: member status; and • representation in the North be Derril T. Warren was appointed by [To] secure, by whatever redefinition of increased by one, and in the order-in-council on June 23, 1982 electoral districts is required, proper and Kootenays be decreased by one. to consider legislative amendments in effective representation of the people of all parts of the province in the Legisla- order to secure equitable and effective tive Assembly and that in formulating the Judge Eckardt’s redistribution resulted representation of the people of all parts recommendations to be contained in the in significant deviations from the elec- of the province. He was required to: report the commissioner take into account toral quotient, ranging from minus 88 • consider all matters which may where feasible historical and regional claims percent for Atlin to plus 85 percent for provide equitable and effective for representation. Richmond. representation in the Legislative

In drawing boundaries, Judge Eckardt considered the following factors: population, geographical limitations, communications and transportation, distance from government agencies, social, economic and cultural ties, regional and historical claims, resource management and watershed patterns, and future population and economic growth. He found that there was an even split in opinion between preserv- ing and abolishing dual-member rid- ings, and ultimately recommended that dual-member ridings be retained.10

He recommended that: • the number of MLAs be

10 Royal Commission on Electoral Reform, 1978, Final Report, Volume I, pp. 79–81. 11 Constitution Amendment Act, 1978, SBC 1978, c. 14, Schedule C. The Legislative Assembly changed the name of Judge Eckardt’s proposed Boundary-Similkameen district to Similkameen. 12 Public Inquiry under the Inquiry Act into Electoral Representation in the Province of British Columbia, September 1982. 25 3 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES

“We are the eighth independent electoral boundaries commission in British Columbia’s modern history.We have learned much from our predecessors, and looking back puts our own work into an important historical context”. PART 3 – THE HISTORYPART OF SETTING ELECTORAL BOUNDARIES – 3

Assembly, based upon, but not lim- electoral district boundary lines. He toral districts. An earlier commission ited to, Population Counts 1981 offered his own interpretation of the had used Arbutus Street as the dividing Census of Canada, the geography of expression “equitable and effective rep- line between its proposed Vancouver– the province, and the distribution of resentation,” concluding that: Point Grey and Vancouver–Little population into communities which • “equitable representation” denotes Mountain electoral districts, but had include urban, suburban, rural and the concept of comparative fairness extended its proposed Vancouver–Little remote; and, among electoral districts – the Mountain electoral district west of • make his recommendations on the people of each region are given a Arbutus in one area (bounded by 33rd basis that the Legislative Assembly voice of comparable strength in the Avenue, Macdonald Street and 23rd comprise no fewer than 57 nor Legislative Assembly; and, Avenue). This oddly shaped protuber- more than 71 members. • “effective representation” denotes ance had become known colloquially as the concept of access by the constit- “Gracie’s finger,” amid accusations of In addition, he was authorized to: uent to the member, and the mem- gerrymandering. Mr. Warren character- • consider additional representation ber to the constituent – maintaining ized such allegations as “inconclusive for existing electoral districts, based personal contact between the two is and unsubstantiated charges,” but rec- upon, but not limited to, popula- imperative if the representative is to ommended the return of the disputed tion, geographical and historical stand for or act for the constituent. area to Vancouver–Point Grey for his- factors; torical reasons, to equalize the popula- • consider the subdivision of any mul- Mr. Warren developed a novel method tion between the two electoral districts, tiple member electoral district that for calculating the number of MLAs and to end the bitter partisan attacks. warrants representation by more that an electoral district should have, than two members; and, based on population and geographical Finally, Mr. Warren recommended the • make such further recommendations area. Applying that formula, he recom- establishment of a permanent electoral as he may deem appropriate, based mended that, on an interim basis: commission, to address the lack of upon, but not limited to, popula- • Surrey be increased from two MLAs credibility of a “government-appoint- tion, geographic and historical to three MLAs; and, ed” commission such as his, and to factors. • a second MLA be added to six elec- provide for regular and demonstrably toral districts: North Peace River, impartial boundary reviews. Mr. Warren concluded, based on his Cariboo, Kamloops, Okanagan interpretation of his terms of reference, South, Delta and Richmond. The Legislative Assembly did not and on the fact that he was a sole com- adopt Mr. Warren’s recommendations missioner, that he would not (with one He also recommended a change to the respecting the addition of an MLA exception) review and relocate existing boundary between two Vancouver elec- to seven existing electoral districts, 26 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES 3

or adjusting the boundary between at least 60 percent. The Act set out a F. The McAdam Commission Vancouver–Little Mountain and complicated mathematical formula for (1984)15 Vancouver–Point Grey. However, the calculating each electoral district base: Legislative Assembly did act on his • On the Mainland, electoral districts In June 1984 the provincial gov- recommendation to establish an elec- were categorized into metropolitan, ernment appointed a three-person BOUNDARIES ELECTORAL SETTING OF HISTORY THE PART– 3 toral boundaries commission, which suburban, urban-rural, interior- electoral commission consisting of warrants a brief discussion. coastal and remote districts, and the Provincial Court Judge D. Kennedy average Vancouver district popula- McAdam (Chair), with Harry In May 1984 the Legislative Assembly tion was multiplied by a specified Goldberg (Chief Electoral Officer) and passed enabling legislation, providing percentage, ranging from 200 per- Ian Horne (Clerk of the Legislative for the appointment of an independent cent for densely populated areas to Assembly). Applying the 1984 legisla- and permanent electoral commission.13 85 percent for sparsely populated tive amendments, the commission The three-person commission would areas. recommended that: consist of the chief electoral officer, the • On Vancouver Island, electoral dis- • eleven one-member electoral dis- Clerk of the Legislative Assembly and tricts were categorized into tricts be increased to two members a provincial court judge. It was not metropolitan, urban-rural and inte- each: the task of the commission to redraw rior-coastal districts, and the average • Boundary-Similkameen electoral boundaries generally; rather, it Victoria and Oak Bay–Gordon Head • Cariboo was instructed to recommend whether: district population was multiplied • Central Fraser Valley • a one-member electoral district by a specified percentage, ranging • Delta should be changed into a two- from 200 percent for densely popu- • Dewdney member electoral district; and, lated areas to 85 percent for sparsely • Kamloops • a two-member electoral district populated areas. • Langley should be divided into three new • Nanaimo one-member electoral districts, in This legislation was subsequently the • which case the commission should subject of the court challenge in Dixon • Richmond recommend boundaries so that each v. British Columbia (A.G.),14 which we • , and electoral district had approximately will discuss in the next section of this • the two-member riding of Surrey be equal population. report. divided into three separate electoral districts, to be known as: The commission should recommend • Surrey–Guildford–Whalley one of these changes if the electoral • Surrey-Newton, and district’s population exceeded that • Surrey–White Rock–Cloverdale. district’s “electoral district base” by

13 Constitution Amendment Act, 1984, SBC 1984, c. 12. 14 (1989), 59 D.L.R. (4th) 247 (B.C.S.C.). The formula set out in the Act favoured non-urban voters. The scheme produced deviations ranging from minus 86.8 percent to plus 63.2 percent, and 19 of the 69 electoral districts had deviations exceeding plus or minus 25 percent. In Dixon, Chief Justice McLachlin struck down the legislation, as violating the right to vote under s. 3 of the Charter of Rights and Freedoms. 15 First Report of the British Columbia Electoral Commission, September 1984. 27 3 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES

In 1985 the Legislative Assembly In recommending the establishment authorized to consider all electoral dis- increased the number of MLAs of the new one-member districts and tricts in the province. from 57 to 69,16 by adopting Judge adjustments to the boundaries of con- McAdam’s recommendations that: tiguous electoral districts, Judge Fisher In September 1987, Judge Fisher’s PART 3 – THE HISTORYPART OF SETTING ELECTORAL BOUNDARIES – 3 • the two-member Surrey riding be was instructed to have regard to: terms of reference were expanded. The replaced with three separate single- • the principle of the electoral quota, factors that he was to consider, set out member ridings; and, that is to say, the quotient obtained in his original order-in-council, were • the 11 single-member ridings iden- by dividing the population of the affirmed, but he was now mandated to tified by Judge McAdam be con- province, as ascertained by the most recommend: verted into dual-member electoral recent population figures published • the appropriate number of electoral districts. by Statistics Canada, pursuant to districts each returning one member the Statistics Act (Canada), by the for the Legislative Assembly; and, G. The Fisher Commission total number of members of the • the establishment, including bound- (1988)17 Legislative Assembly; aries, of electoral districts. • historical and regional claims for In April 1987 the Honourable Judge representation; Judge Fisher ultimately recommended Thomas K. Fisher was appointed under • special geographic considerations that the number of MLAs be increased the Inquiry Act, with a limited man- including the sparsity or density of from 69 to 75. He also decided that, date to eliminate the 17 two-member population of various regions, the in drawing boundaries, he would not electoral districts: accessibility to such regions or the deviate more than plus or minus • to inquire into the composition size or shape thereof; 25 percent from strict population of those electoral districts that • special community interests of the equality, noting that a 25 percent toler- now return two members to the inhabitants of particular regions; ance level was the standard established Legislative Assembly and into the and, federally and in Alberta, Manitoba, composition of the electoral districts • the need for a balance of commu- Ontario, Quebec and Newfoundland. that are contiguous to those elec- nity interests. He concluded that 75 MLAs and a toral districts that now return two 25 percent deviation were required members; and, In August 1987, the commissioner in order to provide “fair and effective • to recommend the establishment of advised the government of an ambigu- representation” to the people of British new electoral districts, each return- ity in his terms of reference – whether Columbia. This expression was not used ing one member to the Legislative his mandate extended to all boundaries in Judge Fisher’s terms of reference, but Assembly, to replace those that of contiguous districts, or only the had been used in the orders-in-council now return two members to the boundaries of such districts that were establishing earlier commissions. He also Legislative Assembly. contiguous with the 17 two-member recommended that legislation be enact- districts. He recommended that he be ed to provide for the establishment of a

16 Constitution Amendment Act, 1985, SBC 1985, c. 3. 17 Preliminary Report of Proposed Boundaries for British Columbia Electoral Districts, May 1988, and Report of the Royal Commission on Electoral Boundaries for British Columbia, December 1988. 28 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES 3

new, independent, non-partisan statu- tory electoral boundaries commission.

In the Lower Mainland and on Vancouver Island, Judge Fisher pro- BOUNDARIES ELECTORAL SETTING OF HISTORY THE PART– 3 posed the addition of six new electoral districts because of increases in popu- lation in Burnaby, North Vancouver, Surrey (two), Richmond and Parksville. He maintained the number of MLAs in northern and rural BC. He also pro- posed converting the existing 17 two- member ridings into single-member ridings.

The Legislative Assembly adopted the 75 electoral districts recommended by Judge Fisher.18 Judge Thomas Fisher The Legislative Assembly also acted on Judge Fisher’s recommendation for a) That the principle of representation from a common statistical provincial new legislation. It repealed the perma- by population be achieved, recog- electoral quota by no more than nent electoral commission legislation nizing the imperatives imposed by 25 percent, plus or minus; and, enacted in 1984, and enacted a new geographical and demographic c) The commission be permitted to Electoral Boundaries Commission Act,19 realities, the legacy of our history exceed the 25 percent deviation which remains substantially unchanged and the need to balance the com- principle where it considers that today. In determining boundaries, munity interests of the people of very special circumstances exist.20 future commissions were to be gov- the British Columbia; erned by the following principles, set b) To achieve that principle, the com- out in section 9(1): mission be permitted to deviate

18 Electoral Districts Act, SBC 1990, c. 39, Schedule 2. 19 SBC 1989, c. 65. 20 In 1996 the Electoral Boundaries Commission Act was amended (SBC 1996, c. 18), giving the next commission the authority to make proposals for an increase in the number of electoral districts, up to a maximum of 81. In making such a proposal, the commission was instructed to take into account the following: (a) geographic and demographic considerations, including the sparsity, density or rate of growth of the population of any part of British Columbia and the accessibility, size or physical configuration of any part of British Columbia; and, (b) the availability of means of communication and transportation between various parts of British Columbia. In the Electoral Boundaries Commission Amendment Act, 2005. SBC 2005, C. 30, the Act was amended to give the current commission the authority to make proposals for an increase in the number of electoral districts, up to 85. 29 3 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES

H. The Wood Commission of British Columbians (downgraded to province – to propose boundaries (1999)21 “goals” in the final report22): which avoid dividing the populated 1. preserve regional representation as reserves of any given Band between The Wood Commission (Josiah Wood, far as possible – the commission more than one electoral district. PART 3 – THE HISTORYPART OF SETTING ELECTORAL BOUNDARIES – 3 Q.C., Rev. Katherine Hough and wanted to ensure that its recom- Robert Patterson, chief electoral offi- mendations did not lead to the loss The commission proposed an increase cer) was the first commission to be of an elected representative for any of four electoral districts, in Surrey appointed under the new Electoral region of the province; (two), the Burnaby-Coquitlam area Boundaries Commission Act. It was 2. take historic and geographic regions and the Abbotsford-Chilliwack area. It authorized to propose an increase in into account as much as possible; recognized that there were disparities electoral districts, from the existing 75 3. try to minimize change to electoral in population among adjacent elec- up to and not more than 81. boundaries wherever possible; toral districts in the Okanagan and on 4. try to keep the deviations from the Vancouver Island, but decided that it There had been a 29 percent increase electoral quota of electoral districts was preferable to address those con- in B.C.’s population over the preceding within a region to a similar range; cerns by adjusting the boundaries of 10 years, primarily in the Okanagan, 5. make use, wherever possible, of existing electoral districts, rather than Fraser Valley and the east coast of existing jurisdictional boundaries; adding new electoral districts in those Vancouver Island. When the commis- 6. recommend, wherever possible, areas. Indeed, it calculated that, if a sion applied 1996 census data to the electoral boundaries which align fifth or sixth new electoral district were existing 75 electoral districts, it discov- with municipal boundaries; added, the addition(s) would occur ered that 26 were now outside the plus 7. propose, wherever possible, electoral in high-growth areas in the Lower or minus 25 percent deviation referred districts with populations which are Mainland and/or Fraser Valley, not to in the legislation (nine were greater likely to remain within the statutory the Okanagan or Vancouver Island. than plus 25 percent and 17 were limit of a 25 percent deviation from The commission’s redistribution greater than minus 25 percent). About the electoral quota until the next resulted in six of 79 electoral districts 84 percent of the provincial population boundary review; exceeding minus 25 percent deviation lived on only 14 percent of the land. 8. correct anomalies created by the (five in the North and one in the East present boundaries, wherever pos- Kootenays), which the commission In addition to the legislative criteria, sible; and, justified on the basis of “very special the commission developed nine sub- 9. consider the impact of the pro- circumstances.” Only one electoral dis- sidiary principles that it considered posed electoral boundaries on the trict had a positive deviation of greater relevant to the effective representation affiliations of First Nations in the than 20 percent (North Island, at plus

21 Electoral Boundaries Commission – Report to the Legislative Assembly of British Columbia, December 3, 1998, and Electoral Boundaries Commission – Amendments to the December 3, 1998 Report to the Legislative Assembly of British Columbia, June 3, 1999. 22 The commission stated, at p. 16 of its final report: “It therefore bears emphasizing that the factors set out in our Statement of Principles represent goals we had in mind at the outset of our task, but which we quickly found often had to give way to our overriding obligation, both statutory and constitutional, to give effect to the principle of representation by population.” 30 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES 3 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES ELECTORAL SETTING OF HISTORY THE PART– 3

The Wood Commision and Counsel (Josiah Wood second from right)

21 percent). The final report concluded with this warning (from page 62):

[We] feel constrained to note that, in the absence of some statutory solution similar to that in place in Saskatchewan, by which the electoral representation of rural British Columbia can be guaranteed at its present level, the next commission may well find it impossible, under the current legislative framework, to avoid recommending a reduction in the number of electoral districts in the rural areas of the province.

In 1999 the Legislative Assembly adopted the Wood Commission’s proposed 79 electoral districts, without change.23

23 Electoral Districts Act, SBC 1999, c. 31. 31 3 PART 3 – THE HISTORY OF SETTING ELECTORAL BOUNDARIES PART 3 – THE HISTORYPART OF SETTING ELECTORAL BOUNDARIES – 3

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